Oman – Trademarks

From Filing to Registration: 14 to 18 months

Convention Priority: Yes

Classification of Goods/Service: International (10th Edition)

Multiple Class Applications: N/A

Procedure: Once the application is filed, it is queued to be examined as to the trademark registrability. Accepted applications by the Registrar are published in the Official Gazette and one local Arabic newspaper. There is 90 days period for filing an opposition by any interested party. In absence of an opposition, the published trademark is registered, and the certificate of registration is issued.

Registration Validity: 10 years, renewable for other consecutive periods, each of which is 10 years.

Renewal Time: Application for Renewal should be submitted during the last year of the protection period. There is 6 months grace-period for late renewal upon payment of lateness fine. (Renewal is to be published in the Official Gazette and in one local Arabic newspaper).

Trade/Service mark Use: Not pre-requisite for registration. However, a trademark is vulnerable for cancellation by any interested party, who may prove that the trademark was not actually used for five consecutive years.

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Requirements:

Trademark/Service Mark Applications

1. Power of Attorney duly notarized and legalized up to the Consulate of Oman or with an Apostille certification, if the applicant’s home country is a member of the Apostille Convention).
2. Simple copy of the Certificate of Incorporation or extract from the commercial register,
3. 10 Prints of the trademark.
4. Certified copy of the priority document, if priority is to be claimed.

Renewal of Trademark/Service Mark Registrations

1. Power of Attorney duly notarized and legalized up to the Consulate of Oman or with an Apostille certification, if the applicant’s home country is a member of the Apostille Convention).
2. Copy of the Certificate of Registration.

Assignment Applications

1. Power of Attorney by the Assignee duly notarized and legalized up to the Consulate of Oman or with an Apostille certification, if the applicant’s home country is a member of the Apostille Convention).
2. Deed of Assignment, signed by both parties, notarized and legalized up to the Consulate of Oman.
3. Certificate of Incorporation or extract from the commercial register of the Assignee, duly legalized up to the Consulate of Oman.

Change of Name/Address Applications

1. Power of Attorney in the new name/address duly notarized and legalized up to the Consulate of Oman or with an Apostille certification, if the applicant’s home country is a member of the Apostille Convention).
2. Certificate of change of name /address, duly legalized up to the Consulate of Oman.

Oman – Patents

Patent Protection Period: 20 Years

Annuity Payments: Due annually on the anniversary of the filing date and payable prior to grant. There is a 6-month grace period for late payment with a surcharge

From Filing to Grant:

Convention Priority: A

Novelty: Absolute

Filing Language: Specifications, claims, abstract, drawings and related documents should be translated into Arabic if they are in English and into English and Arabic if they are in a third language.

Procedure: Once the patent application is filed, it is queued to be examined by Omani Patent Office with respect to compliance with formalities.

Once an application for the grant of a patent is filed, it is examined with respect to compliance with the formalities and patentability provided for under the patent law in Oman. The Patent Office may require whatever amendments may be necessary to bring the application into conformity with the law. Approved applications are published in the Official Gazette and are rendered open for public inspection. Oppositions may be filed within 120 days from publication. The patent is re-published after grant but no opposition period is provisioned then. In absence of any opposition, the letters patent is issued.

PCT: Oman is contracting state of PCT

Time Limit for Entering PCT National Phase: 30 months

Annuity payment for PCT National Phase Applications: Annuities are due within 6 months from the date of entering National phase retroactive from the international filing dated. Failing to do so the application will be cancelled.

Filing Requirements for Patent Application:

1. Power of Attorney Aposttiled or duly legalized up to the consulate of Oman.
2. Certified copy of the Certificate of Incorporation.
3. Deed of Assignment Aposttiled or duly legalized up to the consulate of Oman, if the applicant is not the inventor.
4. Certified copies of priority documents, if priority is to be claimed.
5. Copy of the specification, abstract and claims.

Oman – Designs

Design Protection Period: 5 years from filing date and can be Renewable for two consecutive terms of 5 years.

Convention Priority: Yes

Novelty: Absolute

Annuity Payments: Not applicable

Filing Language: All related documents should be translated into Arabic if they are in English and into English and Arabic if they are in a third language.

Procedure: Once the Design application is filed, it is queued to be examined with respect to compliance with provision of Industrial Designs Law. Once an application is accepted, it is entered in the register and published in the Official Gazette. Any interested third party may file an opposition against the design application within 90 days from the publication date. In the absence of any opposition, the application proceeds to registration for the issuance of the registration certificate.

Filing Requirements for Design Application:

1. Power of attorney, Aposttiled or duly legalized up to the consulate of Oman.
2. Copy of certificate of incorporation or extract from the commercial register.
3. Deed of assignment from the designer(s) to the applicant, with an Apostille certification.
4. Full description of the design, name of the designer and 4 prints of the design.